Digital Commons Network^™

Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings

Faculty Scholarship

This Article argues that certain key structural factors within the prosecutorial system in the United States lead to prosecutorial misconduct by systematically encouraging 'moral disengagement' in prosecutors. 'Moral disengagement' refers to the social cognition theory developed by Albert Bandura and others, which identifies the mechanisms that operate to disengage an individual’s moral self-sanctions that would otherwise inhibit the individual from engaging in injurious conduct. Empirical studies have shown that a person’s level of moral disengagement, as a dispositional trait, is an accurate predictor of the person’s level of aggression and anti-social behavior, and that an individual’s level of moral disengagement …

The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli

Faculty Scholarship

The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act, Stafford …

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Faculty Scholarship

This essay addresses the continued and dramatic increase in the numbers of individuals released from correctional institutions and returning to communities across the United States. It provides a brief history of the collateral consequences of criminal convictions, and the ways in which these consequences impede productive reentry. It then highlights national and state efforts to address to persistent reentry obstacles and to better understand the range and scope of collateral consequences. It concludes by offering suggestions for reform.

Retributivism For Progressives: A Response To Professor Flanders, David C. Gray, Jonathan Huber

Faculty Scholarship

In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders engages two claims he ascribes to James Q. Whitman: 1) that American criminal justice is too "harsh," and 2) that Americans’ reliance on retributivist theories of criminal punishment is implicated in that harshness. In this invited response, to which Flanders subsequently replied, we first ask what "harsh" might mean in the context of a critique of criminal justice and punishment. We conclude that the most likely candidate is something along the lines of "disproportionate or otherwise unjustified." With this working definition in hand, we measure …

Mothers, Domestic Violence And Child Protection: An American Legal Perspective, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

The Accusatorial Process From The Italian Point Of View, Guilio Illuminati

North Carolina Journal of International Law

No abstract provided.

Keynoter, January—February 2010, Boise State University Association Of Office Professionals

Boise State University Association of Office Professionals - Keynoter

President’s Message

Holiday Auction

Nominations and Elections

Monthly Luncheon

Poem: Today I Set My Spirit Free

Fund Raising - Cartridges

Member Representative

Calendar

Graduate Record: [email protected]/2010 Keep Me Logged In., Southwestern Oklahoma State University

SWOSU Yearbooks

The 2010 Graduate Record was produced by the communications department.

2010-2011 Boise State University Graduate Catalog, Boise State University

University Catalogs

No abstract provided.

2010-2011 Boise State University Undergraduate Catalog, Boise State University

University Catalogs

No abstract provided.

2010 Women Making History Booklet, Women's History Center, Boise State University

Women Making History

Since 2001, the Boise State Women's Center has honored 222 Idahoan "Women Making Herstory": ordinary women leading extraordinary lives. This publication is a tradition in our Women's History Month celebration. These pages are filled with the stories of 18 amazing women changing the history of Idaho; nominated as Women Making Herstory for their admirable community work.

The Library Of The Icc, Elizabeth Barbara Naumczyk

Research Collection Library

No abstract provided.

It's The Economy, Stupid: The Hijacking Of The Debate Over Immigration Reform By Monsters, Ghosts, And Goblins (Or The War On Drugs, War On Terror, Narcoterrorists, Etc.), Kevin R. Johnson

Chapman Law Review

No abstract provided.

The Blank Tablet Of Aging, Edward F. Ansello

Director's Editorials from Age in Action

The 16th annual conference of the Virginia Coalition for the Prevention of Elder Abuse (VCPEA) will include the basics of geriatric crisis assessment, depression and suicide among older adults; alcohol and medication misuse; older prisoners; training faith and community-based leaders to respond to domestic violence in later life; and brain injury in later life as a precipitant or a consequence of mistreatment. The Area Planning and Services Committee (APSC) conference will recognize the values, opportunities, and challenges associated with growing older with lifelong disabilities. These two conferences symbolize how we as a people can celebrate the good and confront the …

Booklet Of Selected Theses From The Ma In Criminology, Ma In Law, And Ma In Child, Family And Community Studies 2007- 2009., Kevin Lalor, Claire Hamilton, Fergus Ryan, Brian Mccarthy

Dissertations

No abstract provided.

International Migrants Bill Of Rights, Georgetown University Law Center, International Migrants Bill Of Rights Initiative

Georgetown Law Student Series

The International Migrants Bill of Rights (hereinafter IMBR) is the result of a two-year collaboration between students at the American University in Cairo, Georgetown University Law Center, and Hebrew University in Jerusalem. The IMBR is a dynamic blueprint for the protection of the rights of migrants, drawing from all areas of international law, including treaty law, customary international law, areas of State practice and best practices. The IMBR posits a group of rights that are “universal, interdependent and interrelated,” and that populate the continuum from hard to hortatory. Yet even as the result projects a framework for migrants’ rights that …

Moot Points Notes From The Sarita Kenedy East Law Library, Liana Morales Editor

Moot Points: Notes from the Sarita Kenedy East Law Library

No abstract provided.

Gendered Perceptions Of Batterer Intervention Co-Facilitation, Dorothy Lynne Boston

Theses, Dissertations and Capstones

The purpose of this dissertation was to examine the experience of co-facilitating male batterer intervention groups as reported by male and female facilitators and to identify how that experience differs along gender lines, given that dual-gender facilitation is an expectation of licensing standards that has not been researched. The following research questions were asked: 1) are there notable differences in how co-facilitation of male batterer intervention groups is experienced by males and females, 2) are females more sensitive to and affected by issues of power and control within the facilitation process than their male peers, and 3) is it more …

Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish

Richmond Journal of Global Law & Business

No abstract provided.

Exporting American Legal Ethics, James E. Moliterno

Scholarly Articles

None available.

"You Crossed The Fog Line!"—Kansas, Pretext, And The Fourth Amendment, Melanie D. Wilson

Scholarly Articles

In Whren, the United States Supreme Court sanctioned pretextual traffic stops. In practice the holding of Whren condones police investigations that target certain suspect classes of people, like Hispanics, for increased police scrutiny. In permitting pretextual stops, the Court ignored the risk that such practices will encourage police to distort the truth, overlooked the cost of under-enforcement of the laws, and ignored the consequences to the criminal justice system of race and ethnicity based discrimination.

Kansas law exacerbates these risks by making fog-line stops a model for protecting ulterior motives from a sifting judicial inquiry. In Kansas, it makes …

Improbable Cause: A Case For Judging Police By A More Majestic Standard, Melanie D. Wilson

Scholarly Articles

Several prior studies have demonstrated that police sometimes, if not often, lie in an attempt to avoid the effects of the exclusionary rule. This study of federal trial judges in the District of Kansas suggests that judges may be fostering this police perjury. Judges may unwittingly encourage police perjury because they subconsciously recognize that acknowledging perjury will probably result in release of a culpable defendant. Judges may also permit perjury because they cannot determine when police are lying. In either case, the Supreme Court majority's conception of the exclusionary rule naturally leads trial judges to deny defendants' motions to suppress. …

An Exclusionary Rule For Police Lies, Melanie D. Wilson

Scholarly Articles

Our legal system treats the police as if they are impartial fact gatherers, trained and motivated to gather facts both for and against guilt, rather than biased advocates attempting to disprove innocence, which is the reality. Because of its partiality in favor of officers, the criminal justice system lacks the appropriate structure to expose and effectively deter police lies, which distort the truth about criminal or unconstitutional conduct.

This Article, presented in three parts, argues that the current system should be changed to provide the structure necessary to promote honest police work. Specifically, it urges a modification to the exclusionary …

Are They Ready For Their Close-Up? Civil Servants And Their Portrayal In Contemporary American Cinema, Michelle C. Pautz, Laura Roselle

Political Science Faculty Publications

Norma Desmond famously says in Billy Wilder’s Sunset Blvd. (1950), “All right, Mr. DeMille, I’m ready for my closeup.”1 Since then, this phrase has been uttered countless times to ensure the camera does not start rolling until everyone is ready. But all are not afforded the opportunity to get ready and civil servants fall squarely into this category. We know that government bureaucrats are among those individuals that Americans love to hate and attacks on the civil service come from a plethora of sources.2 And because of the ability of film (as well as other narrative forms) to influence perceptions …

Actions Memo January 2010, Kutztown University Curriculum Committee

UCC Action Memos

No abstract provided.

Hunger For Healing: Is There A Role For Introducing Restorative Justice Principles In Domestic Violence Services?, Marilyn Fernandez

Sociology

Academicians and practitioners have increasingly recognized domestic violence, particularly the battering of women by their intimate partners, as a social and public health risk to women (Cherlin, Burton, Hurt, and Purvin 2004; Holtz and Furniss 1993; Johnson 2006, 2008; Mills 2008; Roberts 1996; Rosenbaum and O'Leary 1981). Despite the difficulty in estimating accurately the prevalence and incidence of intimate violence, the American Bar Association's Commission on Domestic Violence (2005) reported the following: 28 percent of all annual violence against women is perpetrated by intimates; by the most conservative estimate, each year one million women suffer nonfatal violence by an intimate …

Bridgewater State University Undergraduate & Graduate Catalog 2010-2011, Bridgewater State University

Bridgewater State University Catalogs, 2010-

This 2010-2011 Bridgewater State University Catalog outlines programs of study.

The rules, regulations, policies, fees and other charges, courses of study, and academic requirements that appear in this catalog were in effect at the time of its publication. Like everything else in this catalog, they are published for informational purposes only, and they do not constitute a contract between the university and any student, applicant for admission or other person.

Whether noted elsewhere in this catalog or not, the university reserves the right to change, eliminate, and add to any existing (and to introduce additional) rules, regulations, policies, fees and …

Annual Reports Of The Selectmen And Other Town Officers Of The Town Of Alstead, N.H. For The Year Ended December 31, 2009., Alstead Town Representatives

Alstead, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Sexual Assault Trends And Sex Offender Recidivism In Maine (2010), Mark Rubin, William Ethridge Mppm

Maine Statistical Analysis Center

Concern about sex offenders and their behavior is understandably a topic of great public interest. Numerous public policy proposals target the management of sex offenders in prisons and in communities post‐release. Recent examples of such proposals include, but are not limited to, enhanced sanctions for convicted and repeat sex offenders, civil commitment for predatory sex offenders, the development of sex offender registries, and the use of advanced technology to monitor sex offenders and residency restrictions.1 Unfortunately, the quality and extent of the body of knowledge concerning sex offender behavior has not kept pace with either the sophistication or potential cost …

Healthy New Hampshire 2010, Improving Health-And Quality Of Life- For The People New Hampshire. Presented By The Healthy New Hampshire 2010 Leadership Council And The New Hampshire Department Of Health And Human Services., New Hampshire Department Of Health And Human Services

Manchester Research Group

Goals and objectives plan for New Hampshire disease prevention and health promotion, including data and statistics for physical, mental, environmental, maternal, reproductive, and child health areas.